What is Section 6 of Specific Relief Act?
Section 6 in The Specific Relief Act, 1963. (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
What are the main points of difference between an action for possession under Section 6 of the Specific Relief Act and for recovery of possession based on title?
Section 5 and 6 both give alternative remedies and are mutually exclusive. Under section 5, a person dispossessed can get possession on the basis of title, whereas in section 6, a person dispossessed may recover possession by proving previous possession and further wrongful dispossession.
What is the limitation period for filing a suit under s 6 of the Specific Relief Act?
six months
The limitation for a suit under Section 6 is a short period, six months from dispossession – whereas the period of limitation for a suit under Article 64 is 12 years. Further there is no right of appeal or review in respect of suits under Section 6; nor can a suit be brought against the Government under that section.
How many sections are there in Specific Relief Act 1963?
| Contents | |
|---|---|
| Sections | Particulars |
| 22 | Power to grant relief for possession, partition, refund of earnest money, etc. |
| 23 | Liquidation of damages not a bar to specific performance |
| 24 | Bar of suit for compensation for breach after dismissal of suit for specific performance. |
Who may sue for specific performance?
Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.
What is the objective of Specific Relief Act, 1963?
The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877.
Who can obtain specific relief?
According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:
- any party;
- the principle or the representative in interest, of any party;
Who can sue for specific performance under specific relief?
—A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Explanation 1. —A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.
How many sections of Specific Relief Act are there?
Section 3. Savings. Section 4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws….Language.
| Act ID: | 196347 |
|---|---|
| Short Title: | The Specific Relief Act, 1963 |
| Long Title: | An Act to define and amend the law relating to certain kinds of specific relief. |
What are the provision of relief under Section 8?
Section 8 of Specific Relief Act states that “if a person has their control or possession on any movable property which is in dispute, are held liable to transfer the said property to the person who is having their legal right on the same and the person who is claiming it should entitle with immediate possession.”
Who Cannot sue specific performance?
A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.
What is specific relief under Specific Relief Act?
The Specific Relief Act 1963 (“the Act”) sets out the remedies available to parties whose contractual or civil rights have been hampered. The Act comes into play when an actual damage for non-performance of a contractual obligation cannot be measured or the monetary compensation would not suffice.
What was the Specific Relief Act of 1963?
In India, the Specific Relief Act, 1963 provides remedies for persons whose civil or contractual rights have been violated. Questions from the Specific Relief Act are asked as MCQ or short answers in law exams.
Can a suit be filed under the Specific Relief Act?
Under the Specific Relief Act, a suit for recovery of possession can be filed (d) neither movable nor immovable property. 5. Specific Relief Act, 1963 is the product of (d) none of above. 6. A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed within
Can a specific performance be granted under the Specific Relief Act?
Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted (d) if there exists no standard for ascertaining the actual damages. 25. Under section 10 the specific performance can be granted
When to appeal a Specific Relief Act order?
(a) after the expiry of six months from the date of dispossession; or (b) against the Government. (3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.